In a landmark ruling, a South Korean court has recognized the rights of a same-sex couple for the first time, in a verdict hailed by activists as a major victory for LGBTQ+ equality in the country. The Seoul High Court’s ruling, which will now go to the Supreme Court, was brought by So Seong-wook and Kim Yong-min. So had sued South Korea’s National Health Insurance Service (NHIS) in 2021 after the service had terminated benefits for his partner, Kim, whom he had registered as a dependent after discovering that they were a gay couple. So and Kim live together and held a wedding ceremony in 2019, but their marriage had no legal validity as South Korea does not recognize same-sex marriage.
The ruling is the "first recognition of the legal status of a same-sex couple" said lawyer Ryu Minhee, part of a team of lawyers that had represented the plaintiff. A lower court had ruled in favor of the NHIS last year, but in a significant turnaround, the High Court in Seoul overturned that decision on Tuesday, effectively ordering the insurance provider to resume benefits to So’s partner as a dependent.
“Today, we have our rights recognized within the legal system,” So’s partner Kim said after the ruling, according to the Yonhap News Agency. The court did not give a detailed reasoning for its decision, and the NHIS told the AFP news agency it will appeal.
South Korea still has a long way to go to end discrimination, but this ruling offers hope that prejudice can be overcome, said Boram Jang of Amnesty International. Gay relationships are not criminalized in the country, but LGBTQ+ people tend to live largely under the radar. Activists have long emphasized the need for legislation against discrimination on the basis of sexual orientation, and a much-discussed anti-discrimination law has languished in the South Korean parliament for years due to a lack of consensus among parliamentarians.